102
350. The findings of fact reveal that Ms. Luz Dary Ospina Bastidas reported to the authorities
the forced displacement she endured together with her family members on July 18, 2003, as well as the
gradual destruction of their house.503 The Office of the Specialized Prosecutor 107 of Medellin,
conducted under the File number 7155209 an investigation into the alleged crimes of forced
displacement and threats against Luz Dary Ospinas until September 5, 2006504. This investigation was
suspended from September 5, 2006 until January 22, 2008 on the grounds of lack of evidence.505 The
investigation was reopened on January 22, 2008 by the National Human Rights and International
Humanitarian Law Unit of the Office of the Prosecutor on January 22, 2008, in light of the need to
continue to investigate.506 As a result of the reopening of said investigation, Horacio Bedoya Vergara –
member of the Héroes de Granada Bloc – was convicted on June 29, 2011 under an early disposition for
the acts of forced displacement and invasion of lands or buildings, of which Luz Dary Ospina Bastidas
and her next of kin were victims.507 The State also informed the Commission in its last observations that
on August 27, 2013, steps were undertaken to press charges – with the goal of obtaining an early
resolution on the matter – against Juan Carlos Villa Saldarriaga alias “móvil 8”; matter which was
transmitted to the 9° Criminal Court of the Medellin Circuit for a judgment.508
351. In the context of this investigation, the IACHR remarks the statements given by Luz Dary
Ospina Bastidas, Maria del Socorro Mosquera, and Mary Naranjo mentioning the presence of the
Cacique Nutibara Bloc in the zone as the group responsible for the threats leveled against Mrs. Ospina
and her family.509 Mmes Mosquera and Naranjo also identify as members of this bloc the individuals
known by the aliases King Kong, Cero Ocho, Jimmy Zarco and Alex.510 The same Prosecutor’s Office
acknowledges during the investigation possible involvement of different paramilitary blocs.511
503
Annex 16. Complaint with the Office of the Ombudsman, July 18, 2003, for intra-urban displacement and security
of Luz Dary Ospina Bastidas and her family (Barrio Independencia II, Comuna 13); Annex 17. Complaint with the Office of the
Departmental Inspector General’s Office, City of Medellin, July 18, 2003, for intra-urban displacement and security of Luz Dary
Ospina Bastidas and her family (Barrio Independencia II, Comuna 13).
504
Colombian State’s Note DH. GOI No. 60162/2802 dated December 11, 2006, pgs. 3 and 4.
505
Annex 54. Prosecuting Attorney Maria Eugenia Londoño Betancur, Office of the Attorney General of the Nation,
Crimes against Liberty, Integrity, Sexual Formation and others Unit, Prosecutor’s Office 114 Delegate before the Criminal Circuit
Courts of Medellin, File No: 715.520, Complainant: Luz Dary Ospina Bastidas, Crime: Forced Displacement.
506
Annex 55. National Directorate of Prosecutorial Offices, National Human Rights and International Humanitarian
Law Unit, Office 13, Decision 06, File No. 4017, January 22, 2008. Criminal proceeding for the forcible displacement of Luz Dary
Ospina Bastidas.
507
th
Note DIDHD/GOI No. 77119/2954 from the Colombian State, November 15, 2012, p. 67; Annex 62. 27 Criminal
Circuit Court, Medellin, June 29, 2011, File: 2011-00164-00, Defendant: Horacio Bedoya Vergara, Crime: Forced Displacement
and Invasion of Lands or Buildings, Early Disposition (Guilty Plea). Criminal proceeding for the forcible displacement of Luz Dary
Ospina Bastidas.
508
Note from the State of Colombia 20135010025881, transmitted to the IACHR by means of communication dated
October 21, 2013, para. 76.
509
Annexes 82, 57 and 58. Addendum to the Complaint of Luz Dary Ospina Bastidas, November 15, 2005; Statements
given by Mmes Maria del Socorro Mosquera Londoño and Mery Naranjo, May 14, 2009. Criminal proceeding for the forcible
displacement of Luz Dary Ospina Bastidas.
510
Annexes 57-58. Statements given by Mmes Maria del Socorro Mosquera Londoño and Mery Naranjo, May 14,
2009. Criminal proceeding for the forcible displacement of Luz Dary Ospina Bastidas.
511
Annex 60. Office of the Attorney General of the Nation, National Human Rights and International Humanitarian
Law Unit, Office 13, Decision 17, Indictment No. 4017, July 22, 2010. Criminal proceeding for the forcible displacement of Luz
Dary Ospina Bastidas.